People ex rel. Artis v. Rann
People ex rel. Artis v. Rann
Opinion of the Court
At the April, 1921, election, the parties were rival candidates for the office of supervisor. The inspectors of election determined and certified the election of plaintiff, who then qualified. Defendant filed with the township clerk a petition for a recount, and paid therewith the statutory sum of $10. The township clerk, on April 9th, convened the township board for the recounting of the ballots. Following the recount by the township board, defendant was declared elected. He qualified and took the office. Plaintiff brought quo warranto. Defendant had judgment, and plaintiff presents here three questions:
*243 “(1) Had the said township board of Calvin township the authority to make the said recount?
“(2) Was respondent’s petition for a recount properly filed with the township clerk, instead of with the clerk of the canvassing board?
“ (3) If the township board could make the recount, were two of the members of the town board making the recount disqualified to make it because they were disqualified by the statute from being inspectors of election as they were candidates for re-election?”
“(The usual final adjournment of a township board of canvassers shall be deemed subject to the recall of the board as herein provided.)”
The same language is found without parentheses
“Words in brackets form no part of the law as approved by the governor, and they have no proper place in the statute,”
—and that, therefore, the sentence quoted was not statute law when the Miner Case was decided. Words inserted in brackets by a compiler form no part of the statute. This is the extent of the holding in Drain Commissioner v. Baxter, supra. But parenthetic words, phrases, sentences or paragraphs in an act passed by the legislature when approved by the governor are as truly statute law as any other part of the act. The parenthetic words above quoted were in the act of 1897 when it was approved.
Judgment affirmed, with costs to defendant.
Reference
- Full Case Name
- PEOPLE, ex rel. ARTIS v. RANN
- Status
- Published